Liability Examples

Question 1

Sexual Violation by Rape

Answer 1

Section 128(a) CA1961 20 years
1. A person:
- Gender neutral
RTS

2. Rapes:
   - Definition
   - Genitalia / Penis R v Koroheke
   - Penetration R v Koroheke Evidence Penetration
   - Consent (lack thereof) R v Cox / R v Gutuama / R v Koroheke / R v Adams
   - CA61; 128A (invalid consent)
   - Crown must Prove / Subjective/Objective test
   RTS
3. Another person:
   - Gender neutral, age irrelevant to the charge
   RTS

Question 2

Sexual violation by unlawful sexual connection

Answer 2

Section 128(b) CA 1961 20 years

1. A person:
   - Gender neutral
   RTS
2. Has unlawful sexual connection with:
   - Definition (eg sexual connection as per CA61; s2, and when this becomes unlawful sexual connection).
   - Genitalia / Penis / Vagina / Tongue R v Koroheke / CA61 s2
   - Penetration / contact / R v Koroheke and how evidence of penetration can be established
   - Consent (lack thereof) / R v Cox / R v Gutuama / R v Koroheke / R v Adams
   - CA61; 128A (invalid consent)
   - Subjective/Objective test
   RTS
3. Another person:
   - Gender neutral, age irrelevant to the charge
   RTS

Question 3

Assault with Intent to Commit Sexual Violation

Answer 3

CA61; S129(2)
10 Years Imprisonment

1. A person:
   - Gender neutral
   RTS
2. Assaults:
   - Definition (CA61; S2 - can be shortened eg, the intentional application of force to the person of another, directly or indirectly)
   RTS
3. Another person:
   - Gender neutral, age irrelevant to the charge
   RTS
4. With intent to commit sexual violation:
   - Intent (two types; Collister)
   - Sexual violation; unlawful sexual connection; rape (as appropriate)
   - Penetration and lack of / contact R v Koroheke - Consent (lack thereof) R v Cox / R v Gutuama / R v Koroheke
   - CA61; 128A (invalid consent) / R v Adams
   - Subjective/Objective test
   RTS

Question 4

Sexual Conduct with a Child under 12

Answer 4

Sexual conduct with a child under 12
CA61; S132
14 / 10 / 10

1. A person:
   Gender neutral
2. Has sexual connection:
   - Definition (CA61; s2)
   - Consent; R v Cox - 10 or 11 year old not able to consent save for exceptional and rare circs; R v Cox - not reasonable for adult to believe a child was consenting to sexual activity; (remember consent is not a defence, but there will be an element of it otherwise s128); R v Adams
   - S132(4) - not a defence they believed the child was over the age of 12
   - s 132(5) - not a defence that the child consented
   RTS
3. With a child under 12:
   - R v Forrest and Forrest - demonstrate the person’s age

ss(2): Attempts to have sexual connection with

ss(3): Does an indecent act on

Question 5

Sexual Conduct with a Young Person Under 16

Answer 5

CA61; s134(1):
10 / 10 / 7

1. A person:
   Gender neutral
2. Has sexual connection:
   - Definition (CA61; s2)
   - Consent (remember consent is not a defence, but there will be an element of it otherwise s128); R v Adams
   - s134(4) defence - they were not married to the young person at the time
   - s134A - reasonable steps; belief; consent - address this defence
   RTS
3. With a young person under 16:
   R v Forrest and Forrest - demonstrate the person’s age

CA61; S134(2): Attempts to have sexual connection with

CA61; S134(3): Does an indecent act on

Question 6

Indecent Assault

Answer 6

CA61; S135
7 Years Imp

1. A person:
   Gender neutral
2. Indecently assaults:
   - Assaults - Definition (the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly)
   - Indecent aspect - R v Court; R v Dunn
   - What the Crown must prove (intended the conduct / subjective; objective test)
   RTS
3. Another person:
   Gender neutral

Question 7

Incest

Answer 7

CA61; s130 ss(1)(a) and (b);
10 years imprisonment

1. A person:
   Gender neutral
2. Has sexual connection with
   - Definition (CA61; s2)
   - Consent
   RTS - remember to address that there is consent between the parties
3. A parent and child or siblings, half-siblings or grandparent and grandchild
   RTS - cover off the nature of the relationship
4. And the person charged knew of the relationship
   R v Forrest and Forrest - Demonstrate the person’s age (over 16)
   RTS how they were aware of the relationship

Question 8

Sexual Conduct with Dependent Family Member

Answer 8

CA61; S131 ss(1)
7 / 7 / 3

1. A person:
   Gender neutral
2. Has sexual connection with:
   Definition (CA61; s2)
   Consent (remember consent is not a defence, but there will be an element of it otherwise s128)
3. A dependent family member:
   - S131A - how the relationship meets the definition of a dependent family member
   RTS - cover off the nature of the relationship and authority over the young person
4. Under the age of 18:
   R v Forrest and Forrest - Demonstrate the person’s age (over 16 / under 18).

ss(2) - Attempts to have sexual connection with

ss(3) - Does an indecent act on a dependent family member

Of note:

(4) The dependent family member cannot be charged as a party to the offence.
(5) It is not a defence to a charge under this section that the dependent family member consented.